Undocumented immigrant gets license to practice law

After years of legal wrangling, the California Supreme Court has granted a law license to an undocumented immigrant. The first-of-its-kind ruling is being applauded by some, while leaving others scratching their heads.

Sergio Garcia, age 36, received his law degree from Cal Northern School of Law and passed the California bar exam in July 2009. But the State Bar of California would not give him a license because of a federal law that prohibits governmental agencies from giving professional licenses to people living in the country illegally.

Garcia was brought to the United States by his parents from Mexico when he was 17 months old, reports USA Today.

In granting Garcia a license, California’s high court held that a new state law, coupled with a federal law, allow Garcia to get his law license.

During oral arguments in the case, the justices had discussed a provision that lets undocumented immigrants receive licenses if a state Legislature passes a law allowing it. California state lawmakers then acted quickly, introducing a bill to do just that in September 2013. Governor Jerry Brown signed it into law on Oct. 5, 2013. That law went into effect Jan. 1 — and so the court ruled that Garcia can get his license.

However, the court’s decision was a little muddled about how Garcia can use his license. The justices said he cannot work as an employee of a firm or any other company because of his undocumented status. They said Garcia can do legal work on a pro bono basis.

The decision was also unclear about whether Garcia can work as a lawyer on his own, retaining his own clients.

And while Garcia can now practice law, the real question is whether he can find clients. Deep Gulasekaram teaches immigration and constitutional law at the Santa Clara University School of Law. He said potential clients would not endanger themselves by hiring Garcia. Businesses are required to check the immigration status of prospective employees, but regular citizens entering into contracts are not, he said.

Meanwhile, those seeking immigration reform were shocked by the ruling.

“Aside from all the legal technicalities, the idea that we are having people who are in violation of federal law practicing law is almost ‘Alice in Wonderland’ kind of logic,” said Ira Mehlman of the Federation for American Immigration Reform. “Everything seems to be turned on its head here.”

The ruling gives hope to other undocumented immigrants who are in positions similar to Garcia. But those decisions must come on a state-by-state basis, including in New York, Texas and Florida.